Apparently it has been determined that the law in Indiana was only applying to two non-Jewish women marrying. Because it was poshut that if there were Jewish women or men involved they were never assumed to be protected by the law.
And we know that there are no irreligious Jewish men or women who are homosexual, correct? Because it seems that is the poiton that Sam & Simcha are taking.
Shmuely Yanklowitz would argue against this (whether there are Jewish homosexuals He clearly feels that they are a preferential class. But I am not sure that he would fall into the Jewish category, based on his own press release)